Today's Deal
Save 44% on a must have hunting knife. The Buck folding Alpha 278 hunting kinfe offers you 1-hand opening/closing and features Buck's patented gut-hook, grip ridges and a rubberized contoured handle. It comes with a heavy-duty nylon sheath. Enjoy the Good!
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| Terms and Conditions |
| 1. ACCEPTANCE OF TERMS |
Welcome to Mango! Mango Rewards and its affiliates ("Mango") provides its services to you subject to the following terms and conditions of use ("Terms" or "Terms of Use"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Use at www.mangorewards.com/terms.php. Your use of the Services (defined below) and compliance with the Terms of Use enable you to use Mango Services. In addition, when using particular Mango owned or operated services, you are subject to posted Mango guidelines or rules applicable to such use and such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. Mango may also offer other services that are governed by different terms and conditions. By using the Services, you are indicating your agreement to be bound by all of the Terms of Use. Read the Terms of Use carefully as they set forth your rights and obligations with respect to the Services. |
| 2. DESCRIPTION OF SERVICE |
| Mango provides access to Benefits (defined below) such as great deals that you may take advantage of from a variety of participating merchants ("Participating Merchants") that we may list or place on our websites or in promotional materials through any medium or device now known or hereafter developed (the "Services"). You understand and agree that the Services may include advertisements and that these advertisements are necessary for Mango to provide the Services. You also understand and agree that the Services may include certain communications from Mango, such as service announcements, administrative messages, newsletters, email, and advertisements, that such communications are considered part of the Services and you will not be able to opt out of receiving them except as provided in an "opt out" feature that may accompany certain messages from Mango. The placement and listing of offers from participating merchants is part of the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Mango properties, shall be subject to the Terms of Use. You understand and agree that the Services are provided "AS IS" and that Mango assumes no responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any communications, transaction details or personalization settings, if any. You are responsible for obtaining access to the Services, and understand that access to certain services may involve fees (such as transaction processing fees) for which you are responsible. In addition, you must provide and are responsible for all equipment necessary to access the web-based interface portions of the Services. |
| 3. BENEFITS |
| When you access the Mango Deal-of-the-Day website, you will obtain access to great deals that you may access and products and services you may purchase as explained in Mango materials and on www.mangorewards.com ("Benefits"). Some of the Benefits may not be available in your area, may be limited or restricted in time or availability, may not be available, may be sold out, or may be introduced at a later time. Additional benefits may be provided. See Mango materials you may have received or www.mangorewards.com for details. You acknowledge and agree that Mango does not endorse products or services of Participating Merchants available on the Mango-Deal-of-the-Day website nor Participating Merchants themselves. |
| 4. PARTICIPATING MERCHANTS |
| The Mango Deal-of-the-Day website may not list Participating Merchants. If we elect to list Participating Merchants, the list of Participating Merchants will be accessible at www.mangorewards.com. Participating Merchants and Benefits available from Participating Merchants may change from time to time without prior notice to you. You acknowledge and agree that Mango and its designees may or may not pre-screen Participating Merchants or products and services from such Participating Merchants, but that Mango and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Participating Merchant from participation in the Services or any product or service in the Benefits. You acknowledge and agree that you must evaluate and bear all risks associated with entering the establishment or website of any Participating Merchant and purchasing goods or services from such Participating Merchant or Mango on behalf of such Participating Merchant. Mango makes no representation or warranty as to the integrity of Participating Merchants nor to the quality and safety of goods and services purchased from Participating Merchants or Mango on behalf of such Participating Merchants. |
| 5. LIMITATIONS |
| Except for conditions set by individual Participating Merchants on purchases or as required by law, there is no limit to the amount of Benefits you may access. Participating Merchants determine some terms and conditions of their participation with Mango, including terms and conditions applicable for purchases of goods and services they are selling. Participating Merchants (or Mango on its or their behalf) may, without limitation, treat you as a customer subject to their rules, policies, and operating procedures concerning orders, customer service, sales, returns and may not accept all types of payment methods, may limit purchases of goods and services, may limit locations in which they will provide or enable Benefits, may not allow or may limit Internet purchases, may not warrant or guarantee products or services or product or service availability, may without notice change prices, products or service availability, rules, policies and procedures governing sales and purchase, including without limitation acceptance, rejection, pricing, order procession, order fulfillment, shipping, returns, refunds, privacy, customer service and other terms of use and sale, may require payment of full price for Benefits to apply, have blackout periods, weekdays or hours when Benefits are not offered, may limit the number and/or amounts of available Benefits, may require a minimum purchase for Benefits to apply, or may not offer rewards on certain types of transactions (e.g., the purchase of gift certificates, gift cards or coupons). Benefits may or may not be available in connection with purchases you make at Participating Merchants for merchant locations, departments, websites or web areas not participating in Mango at the time of your purchase, even if our website or promotional material shows otherwise. Benefits may also not be available if you fail to access a Participating Merchant website as described below. In the event a Participating Merchant declares bankruptcy, Benefits attributable to such merchant may be restricted in whole or in part, may not be provided to Mango by such merchant for provision to you and may become null and void under applicable law. In the event a merchant fails or otherwise refuses to honor or enable Benefits due or allegedly due you after you accessed such merchant through Mango, because of bankruptcy or otherwise, you agree that Mango shall not be required to provide such Benefits to you. Mango determination of entitlement to Benefits shall be controlling. You agree to take no action to recover Benefits from a merchant without prior written approval from Mango. Mango may but shall not be required to file a notice of claim in the event of the bankruptcy of a Participating Merchant and shall have sole discretion whether to take action against any merchant with respect to non-provision of Benefits. In some instances, Benefits may not be available for purchases made with coupons, ATM or mobile device transactions, purchases made without entering a PIN number where such is required or if not made through authorized processors. Participating Merchant information on our website is updated periodically, but may not reflect recent changes. We assume no obligation for ensuring that merchant advertising and content on our website is updated, complete or accurate. Benefits are subject to change at any time without prior notice to you. Benefits will not be available where they are restricted or prohibited by law (e.g., gambling, discounts on alcohol or tobacco, etc.) or not in accordance with the Terms of Use. Merchants or products and services listed on a Mango website or in Services may not continue as a Participating Merchant and previously available benefits may not continue. There may be a time lag between discontinuance and removal of references or links on our website or promotional materials. We cannot guarantee error-free or uninterrupted operation of our website or that of any Participating Merchant. There may be a time lag between access on our website and availability of Benefits. |
| 6. HOW IT WORKS |
| You may immediately take advantage of the great deals in our Mango Deal-of-the-Day program simply by clicking on the deal presented on our website. See How it Works. For deals available only through the website of an affiliated Participating Merchant, you must: (1)(a) use a browser that has its cookies setting enabled, which enables tracking of the purchase without enabling the merchant or any third party to personally identify you, (b) follow a qualifying link as provided to you by Mango or a vendor designated as an Mango service provider to the website of the Participating Merchant as the last link you use before making the purchase, (c) purchase a product or service using the Participating Merchant’s automated online ordering system or within a designated time period after contacting their designated sales representative, (d) accept delivery of the product or service at the shipping destination without canceling or returning the order, (e) remit full payment to the Participating Merchant; and, (2) the Participating Merchant or merchant intermediary must not reject the order, or no Benefits apply. In some but not most cases, you must pay the Merchant’s full price for a product or service in order to obtain Benefits. Unless otherwise specified or enabled by the Participating Merchant, Benefits may not be available in connection with any other discount, special offer, price reduction or rebate. You must access offers by entering the Mango Deal-of-the-Day website or the website of a Participating Merchant through the Mango Deal-of-the-Day website in order to be entitled to Benefits. You are not entitled and may not receive Benefits for products or services added to your Shopping Cart at a Participating Merchant website if you have entered the Participating Merchant's website from the website of a third party or another Participating Merchant even if you previously followed a qualifying link from or as provided to you by Mango to the previous site, re-entered the site other than through a qualifying link from or as provided to you by Mango or a service provider designated by Mango, for purchases in violation of policies and procedures of a Participating Merchant or Terms of Use, for cancellations, returns, chargebacks, for certain products or services designated as not eligible or that appear in designated portions of a Participating Merchant’s website. In the event of a conflict between a Participating Merchant offer, the offer as it appears on a Mango website, an interface provided by a third party designated by Mango or in other Mango promotional material, the offer as actually provided by the Participating Merchant will control. No retroactive Benefits apply. In the event a Participating Merchant, merchant intermediary or Mango makes a determination as to entitlement to Benefits different from that published on an Mango or Participating Merchant website, such determination shall be final, controlling and binding on you. In some cases, you will only be entitled to receive Benefits following the period in which goods may be returned to the Participating Merchant by a customer under the Participating Merchant’s return policy. In other cases, returns will not impact the receipt or timing of your Benefits but in the event you wish to receive your money back from the merchant on a purchase return, you will only be entitled to a refund from the Participating Merchant less the amount of benefits attributable to such purchase, including any commissions due to Mango. |
| 7. RIGHT TO BENEFITS |
| If you receive notice of a Benefit that was not due to you or is subject to return under the Terms of Use, a Participating Merchant or Mango may reverse or seek return of the payment and you agree to cooperate promptly in such efforts. |
| 8. USER OBLIGATIONS |
| In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving service under the laws of the United States or other applicable jurisdiction. Mango has the right to suspend, terminate or refuse any and all current or future use of the Services (or any portion thereof). |
| 9. MANGO PRIVACY POLICY |
| Website use and certain other information is subject to our Privacy Policy. For more information, see our full privacy policy at www.mangorewards.com. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Mango and its affiliates. |
| 10. USER CONDUCT |
| You are responsible for your conduct and all information you provide when you access or use the Services. With reference to the Services you agree to not: act or use the Services or any Content in a way that harms us, our affiliates or Participating Merchants. post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, false, fraudulent, harassing, tortuous, untrue, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; post, email, transmit or otherwise make available any information, including financial information, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks, including those of Participating Merchants, connected to the Services; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the seven paragraphs above. We reserve the right to deny or seek return of Benefits to any user found in our sole discretion not to be in compliance with the Terms of Use. |
| 11. DEALINGS WITH ADVERTISERS |
| Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Mango or the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Mango does not endorse products or services of such advertisers and you agree that Mango shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, acts or omissions of advertisers, Content, qualifying links or other links or as the result of the presence of such advertisers on Mango or the Services. |
| 12. CONTENT |
| Information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials on a Mango website, including through a link posted on an Mango website ("Content"), are the sole responsibility of the company or individual from which such Content originated. You acknowledge that Mango may or may not pre-screen Content, but that Mango and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Services. Without limiting the foregoing, Mango and its designees shall have the right but not the obligation to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content such as when you purchase goods or services. In this regard, you acknowledge that you may not use or rely on any Content created by Mango or submitted to Mango, including without limitation information in all parts of an Mango website or other materials. Under no circumstances will Mango be liable in any way for any Content, including but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services. |
| 13. LINKS |
| The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Mango has no control over such sites and resources, you acknowledge and agree that Mango is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any Content, advertising, products, goods, services or other materials on or available from such sites or resources and that we cannot guarantee the accuracy, good taste, integrity or quality of the same. Clicking on a link could expose you or someone else to Content that you or they would not normally seek and might find objectionable. You further acknowledge and agree that Mango shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with, including but not limited to exposure to, use of or reliance on, any such Content, advertising, products, goods, services or other materials available on or through any such site or resource. |
| 14. MANGO'S PROPRIETARY RIGHTS |
| You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Services and Content contained in sponsor advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Mango or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, Content or the Software, in whole or in part. Mango grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Mango for use in accessing the Services. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Mango and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited. |
| 15. MODIFICATIONS TO SERVICE |
| Mango reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Mango shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. |
| 16. GENERAL PRACTICES REGARDING USE AND STORAGE |
| You acknowledge that Mango may establish general practices and limits concerning use of the Services, including without limitation the maximum amount of transaction history that will be retained by the Services, the maximum disk space that will be allotted on Mango's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Mango has no responsibility or liability for the deletion or failure to store any messages and other communications, transaction data or other information maintained or transmitted by the Services. You acknowledge that Mango reserves the right to delete Member Accounts that are inactive for an extended period of time. You further acknowledge that Mango reserves the right to modify these general practices and limits from time to time. You acknowledge, consent and agree that Mango may access, preserve and disclose your transaction data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for service; or (e) protect the rights, property or personal safety of Mango, its users or the public. |
| 17. INTERSTATE COMMUNICATIONS |
| You understand that the technical processing and transmission of the Services, including but not limited to funds transfer information, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that in using Mango services to send electronic communications (including but not limited to access or use of the Services through any interface, sending financial information and instructions to Mango or Participating Merchants, and other Internet activities), you will be causing communications to be sent through computer networks, portions of which may be located in other locations in the United States or abroad. As a result, and also as a result of Mango's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Membership Terms, you acknowledge that use of the Services results in interstate data transmissions. You agree to comply with all rules regarding online conduct and all applicable laws regarding transmission of financial or technical data exported from the United States or the country in which you reside. |
| 18. INDEMNITY |
| You agree to indemnify, defend at Mango's request, and hold Mango and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms of Use, or your violation of any rights of another. |
| 19. NO RESALE OF SERVICES |
| You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, Content, use of the Services, or access to the Services. |
| 20. TERMINATION |
| You agree that Mango may, under certain circumstances and without prior notice, immediately terminate your access to Mango website, associated links, and access to the Services. Cause for such termination may include, but not be limited to: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems. Termination may result in: (a) removal of access to all offerings within the Services, (b) loss of entitlement to Benefits and potential benefits and (c) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Mango's sole discretion and that Mango shall not be liable to you or any third party for any termination of your ability to obtain access to the Services. In event of termination, any data stored in our system may not be retrieved later. Should you object to any terms and conditions of the Terms of Use or any subsequent modifications to the Terms of Use or become dissatisfied with the Services in any way, your only recourse is to discontinue use of the Services. |
| 21. WARRANTIES DISCLAIMER |
| YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR PARTICIPATION IN AND USE OF THE SERVICES AND PURCHASE OF GOODS AND SERVICES FROM PARTICIPATING MERCHANTS THROUGH THE SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS, SERVICES, AND OTHER BENEFITS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MANGO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT FOR THE SERVICES OR ANY GOODS, SERVICES, OR BENEFITS OBTAINED THROUGH OR IN RELATION TO THE SERVICES. MANGO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS FOR ANY PURPOSE; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANGO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. |
| 22. LIABILITY LIMITATION |
| YOU EXPRESSLY UNDERSTAND AND AGREE THAT MANGO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) GOODS OR SERVICES SOLD TO YOU BY AND BENEFITS POTENTIALLY DUE TO YOU FROM MERCHANTS; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. IF YOU HAVE ANY CLAIMS RELATING TO GOODS OR SERVICES PURCHASED FROM A MERCHANT, YOU MUST MAKE YOUR CLAIM AGAINST SUCH MERCHANT AND NOT AGAINST MANGO. IN THE EVENT MANGO WERE HELD LIABLE FOR ANY DAMAGES TO YOU, YOU AGREE THAT SUCH LIABILITY S LIMITED TO THE LESSER OF THE EQUIVALENT AMOUNT OF BENEFITS TO WHICH YOU WOULD BE ENTITLED UNDER THESE TERMS OF USE OR $100. |
| 23. EXCLUSIONS AND LIMITATIONS |
| SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU. |
| 24. FINANCIAL MATTERS |
| Mango is not a broker/dealer or registered investment advisor under the United States federal securities law or securities laws of other jurisdictions. Mango does not advise individuals on the advisability of investing in, purchasing or selling securities or other financial products or services. No Content included in the Services is intended for trading or investing purposes. Mango and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information or Content transmitted or made available via the Services and shall not be responsible or liable for any trading or investment decisions based on such information. Nothing contained in the Services constitute an offer or solicitation to buy or sell any security. Mango does not endorse or recommend any particular financial products or services. Nothing contained in the Services is intended to constitute professional advice, including but not limited to, investment or tax advice. |
| 25. NO THIRD-PARTY BENEFICIARIES |
| This contract is solely for your benefit and our benefit; it is not for the benefit of any other person. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement. |
| 26. NOTICE |
| Mango may provide you with notices, including those regarding changes to the Terms of Use or the Services or other matters of importance, by email, regular mail, postings on the Services, or broadcasts through or postings on the Services. |
| 27. TRADEMARKS AND SERVICE MARKS |
| The word MANGO, MANGO logo, MANGO DEAL OF THE DAY, MANGO DEAL-OF-THE-DAY, MOBILE MANGO, MANGO DEALS, MY MANGO, ENJOY THE GOOD, MANGO JUICED, MANGO MEMBERSHIP, MANGO MERCHANTS, MANGO BENEFITS, MANGO REWARDS, and MY MANGO ACCOUNT trademarks and service marks and other Mango logos, marks, and product and service names and marks are trademarks of Mango (the "Mango Marks"). You agree not to display or use in any manner the Mango Marks without Mango's prior permission. |
| 28. GENERAL |
| Entire Agreement. The Terms of Use constitutes the entire agreement between you and Mango and governs your use of the Services, superseding any prior agreements between you and Mango with respect to the Services and no representations, inducements, promises or agreements concerning the Services not included in the Terms of Use shall be effective or enforceable. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Mango services, affiliate services, third-party content or third-party software. Choice of Law. The Terms of Use and the relationship between you and Mango shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. Mediation. Any claim, dispute, or controversy, between the parties arising in connection with or relating to this Terms of Use or the making, performance, or interpretation thereof shall, if not settled by negotiation, be submitted to non-binding mediation. Any demand for mediation shall be made in writing and served upon the other party in the same manner as otherwise provided for notice in this contract. The demand shall set forth with reasonable specificity the basis of the dispute and the performance or relief sought. The parties shall, within thirty (30) days of receipt of a demand to mediate, confer and select a mediator. The mediation shall take place at a time and location mutually agreeable to the parties and the mediator, but not later than 60 days after a demand for mediation is received. If the location cannot be mutually agreed upon, the mediation shall take place in Atlanta, Georgia (USA). Compliance with this mediation process shall be a condition precedent to the right of either party to commence arbitration proceedings in connection with this dispute. Arbitration. Any claim, dispute, or controversy between the parties not settled or resolved by mediation shall be submitted for arbitration and shall be conducted under the then prevailing commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in Atlanta, Georgia (USA). The number of arbitrators shall be three (3), unless the parties are able to agree on a single arbitrator within ten (10) business days of a request for arbitration being filed (a single arbitrator must have expertise in the subject matter of the dispute). In the absence of such agreement, each party shall appoint an arbitrator within twenty (20) days of the filing of an arbitration proceeding, and the arbitrators so selected shall choose a third arbitrator within ten (10) days of their selection. Where three arbitrators conduct an arbitration proceeding, the dispute shall be decided by a majority vote of the three arbitrators, at least one of whom must have expertise in the subject matter of the dispute and at least one of whom must be a practicing attorney. The arbitrator(s) shall have the right to award or include in his award any relief which (t)he(y) deem(s) proper in the circumstances, including, without limitation, specific performance and injunctive relief, provided that the arbitrator may not award exemplary or punitive damages. The parties agree that the award of the arbitrator(s) shall be final and binding upon the parties; shall be the sole and exclusive remedy between them regarding any claims, counterclaims, issues, or accountings presented or pled to the arbitrator; that it shall be made and shall promptly be payable in U.S. dollars free of any tax, deduction or offset (with respect to monetary awards) and that any costs, fees, or taxes incident to enforcing the award shall, to the maximum extent permitted by law, be charged against the party resisting such enforcement. The award shall include interest from the date of any damages incurred for breach or other violation of this Agreement, and from the date of the award until paid in full, at a rate to be fixed by the arbitrator. Judgment upon the award of the arbitrator may be entered in any court of competent jurisdiction, or application may be made to such court for a judicial acceptance of the award or an order of enforcement. The provisions of this arbitration clause shall supersede any prior arbitration agreement between or among the parties. The arbitrator(s) may in the arbitrator(s)'discretion and at the request of any party: (1) consolidate in a single arbitration proceeding any other claim arising out of the same transaction involving another party to that transaction that is bound by an arbitration clause with any party hereto; and (2) consolidate or administer multiple arbitration claims or controversies as a class action in accordance with the provisions of Rule 23 of the Federal Rules of Civil Procedure. Notwithstanding the applicability of any other law to this agreement, the arbitration clause, or Related Agreements between or among the parties, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall apply to the construction and interpretation of this arbitration clause. If any provision of this arbitration clause should be determined to be unenforceable, all other provisions of this arbitration clause shall remain in full force and effect. No Agency. Neither you nor Mango is or will be deemed to be an agent or legal representative of the other for any purpose. Neither you nor we will be entitled to enter into contracts in the name of the other nor entitled to pledge the credit of the other in any way nor hold itself out as having the authority to do so. Waiver and Severability of Terms. The failure of Mango to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Headings. The section titles in the Terms of Use are for convenience only and have no legal or contractual significance. Please report any violations of the Terms of Use to our Services department. |